The Biden Administration Prohibits the US Government’s Use of Commercial Spyware
President Biden speaks during a Summit for Democracy on Wednesday in Washington. Photo: AP Photo/Patrick Semansky
On Mar. 27, President Biden signed an Executive Order prohibiting any operational use of commercial spyware by US Government agencies due to national security and human rights risks. This was done ahead of today’s Second Summit for Democracy, which was attended by leaders of Costa Rica, the Netherlands, the Republic of Korea and the Republic of Zambia.
Commercial spyware consists of sophisticated cyber-surveillance tools allowing remote access to electronic devices – a highly unregulated industry that raises privacy issues and remains open to exploitation. In light of the order, at least 50 US Government officials are confirmed to have been affected by commercial spyware, demonstrating the vulnerability of US national security due to such technology. Since then, Biden has exhibited increased motivation to spur reform in the country's usage and production of surveillance.
The order was signed in an apparent effort to bump cybersecurity and send signals to big spyware firms like the Israeli NSO Group that the US will begin to prevent further exchanges in the surveillance technology market. From a global standpoint, the NSO group’s international spying scandal from late last year plays an implicit role by serving as a cautionary tale whose controversy continues to reverberate worldwide. As much as possible, the US aims to steer clear of a similar situation, wherein the Pegasus Project leaked over 50,000 phone numbers of surveillance targets.
President Joe Biden speaks in the East Room of the White House to announce plans for democracy renewal around the globe. Photo: AP Photo/Alex Brandon
According to the White House’s statement, “A growing number of foreign governments around the world, moreover, have deployed this technology to facilitate repression and enable human rights abuses, including to intimidate political opponents and curb dissent, limit freedom of expression, and monitor and target activists and journalists.” The government has also warned that commercial spyware is prevalent within authoritarian regimes and democracies. While officials have yet to specify the exact types of software banned, the US has begun using export controls to curb human rights abuses.
The Biden-Harris Administration has indeed acknowledged the importance of strengthened cybersecurity given their commitment of $690 million in new funding for the Presidential Initiative for Democratic Renewal, which began initially in 2021. This includes a suite of new policy initiatives that target the promotion of technology working for democracy and not against it.
Despite these progressive efforts, it should be known that the Executive Order merely bans spyware but fails to address other means of data collection accessible to the US Government. The extent to which they perform data collection themselves is still unknown. From phone applications to StingRay surveillance technology, data can be accessed without proper awareness. There are certainly a number of benefits that come with the government’s commitment to democracy, although our generation of avid internet users should recognize the limitations to our complete personal privacy.